Signal Hill Municipal Code Ch. 9.16 Noise

Sections:

* Prior ordinance history: prior code §§ 9.28.010-- 9.28.100, (Ord. 538) and Ordinance 79-11-832.

It is declared to be the policy of the city to prohibit unnecessary, excessive, and annoying noises form all sources subject to its police power. At certain levels noise is detrimental to the health and welfare of the citizenry and in the public interest shall be systematically prescribed.

(Ord. 81-8-878 § 1)

The following terms used in this chapter, unless the context clearly indicates otherwise, shall have the respective meanings set forth in this section:

A. "Ambient noise" means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, "ambient noise level" is the level obtained when the noise level is averaged over a period of fifteen minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

B. "Ambient noise level" as referred to in this chapter, means the higher of the following:

1. Actual measured ambient noise level; or

2. Presumed ambient noise level as determined from the following chart:

C. "CNEL" is the measure of the noise environment over a twenty-four hour period as defined in Title 4, Subchapter 6 of the California Administrative Code.

D. "Decibel" (Db) means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

E. "Sound level" (noise level) in decibels is sound measured using the "A" weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature in which case fast response shall be used.

F. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institutes's Specification S1.4 - 1971 or the most recent revision thereof for Type S-2A general purpose sound level meters.

G. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment, as used in this chapter, does not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

(Ord. 93-04-1153 § 1; Ord. 81-8-878 § 2)

A. Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness in the area.

B. The standards which shall be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:

• 1. The level of the noise;
• 2. The intensity of the noise;
• 3. Whether the nature of the noise is usual or unusual;
• 4. Whether the origin of the noise is natural or unnatural;
• 5. The level and intensity of the background noise, if any;
• 6. The proximity of the noise to residential sleeping facilities;
• 7. The nature and zoning of the area within which the noise emanates;
• 8. The density of the inhabitation of the area within which the noise emanates;
• 9. The time of the day or night the noise occurs;
• 10. The duration of the noise;
• 11. Whether the noise is recurrent, intermittent, or constant; and
• 12. Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 81-8-878 § 5)

The following acts, or similar acts, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter. A field test in accordance with Section 9.16.110 shall not be necessary to establish a violation of this section:

A. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;

B. Radios and Other Sound Amplification Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine, or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;

C. Commercial Amplifications. The using, operating, or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

D. Yelling and Shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any person in the vicinity;

E. Noises Near Schools, Hospitals, and Courts. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, or court street;

F. Animals and Fowl. The keeping or maintenance of any animal or fowl which by any sound, cry, or behavior causes annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood;

G. Vehicle Repair. The creation of any loud, disturbing, or unnecessary noise associated with the repair, rebuilding or testing of any motor vehicle between the hours of six p.m. and seven a.m. in a residential area, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.

(Ord. 81-8-878 § 6 (part))

A. Generally. It is the purpose of this section to promote quiet and peaceful residential areas by limiting construction activities which create disturbing noise to reasonable times and circumstances, but such limitations shall not apply where residences will not be affected, where individual homeowners are performing maintenance work, or to emergency circumstances.

B. Limitation of Activity. No person shall carry on any construction activities, including the erection, demolition, excavation, modification, alteration or repair of any building or structures, or any other activities creating construction noise as defined in this section other than between the hours of seven a.m. and six p.m. on weekdays, except as otherwise permitted in this section.

C. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings, except where the context indicates otherwise:

1. The term "weekday" does not include Saturdays, Sundays or holidays, but does include all other days. "Holidays" is defined in this section to include the following seven days: Christmas, Thanksgiving, New Year's, July 4th, Memorial Day, Labor Day and Veterans Day.

2. The term "construction noise" means noise associated with construction activities and includes but is not limited to any loud, annoying or disturbing noises or sounds associated with the delivery or operation of equipment, radios, communication equipment, shouting, horns, bells, demolition, excavation digging, pouring, pounding or other similar noise.

D. Exceptions. Notwithstanding any other provision of this section, construction activities are permitted as follows:

1. An owner of a dwelling or property residing thereon may perform repair or maintenance work on such dwelling or property without regard to any limitation contained in this section.

2. During any emergency, any construction activities required to preserve life or property shall be permitted at any time, but this paragraph shall not authorize any construction activity if the building official determines that no emergency exists and notifies the property owner or person responsible for the construction activity that no such emergency exists.

3. Construction activities creating construction noise may be authorized between the hours of six p.m. and seven a.m. on weekdays or at any time on any other days if a permit for such construction activities is issued by the building official of the city or his designee in accordance with the provisions contained in this section, and is not revoked.

E. Permit Procedure to Authorize Construction Activities at Times other than Permitted Hours on Weekdays.

1. The building official or his designee may issue a permit authorizing construction activities at times not otherwise permitted by this section only when the issuing official determines that the construction activity will not produce construction noise which will interfere with the peaceful enjoyment of persons occupying surrounding properties. The issuing official shall consider the nature of surrounding property, type of construction activity, time of construction activity, existence of buildings, structures, natural features and topography which will buffer the impacts of construction noise on surrounding properties, and any other matters affecting the impact of the construction noise on surrounding properties, and may impose any conditions deemed reasonable to mitigate such impacts. A copy of any permit issued pursuant to this section shall be filed by the issuing official with the police department.

2. Where appropriate mitigating measures are taken, a permit should generally be granted for construction activities other than the following:

a. Motorized earth-moving equipment;

b. Framing;

c. Concrete placement;

d. Mixing equipment;

e. Stuccoing;

f. Roofing;

g. Any activity requiring compressors;

h. Any activity producing similarly adverse noise impacts.

3. The general contractor responsible for the construction activity, or where there is no general contractor, the property owner, shall apply for the permit prior to the performance of such construction activity, shall certify that he understands and agrees to the terms thereof, and shall post a copy of said permit at the job site in a manner reasonably visible to the public. Such person shall be the permittee and is responsible for assuring compliance with all terms and provisions of the permit.

4. Where complaints are received from persons occupying surrounding property concerning construction noise created by any construction activity, the permit may be modified or revoked by the issuing official, and shall be revoked if complaints are received from the occupants of three separate properties or of three separate dwelling units on any property or properties. The permit shall be revocable by either the issuing official or the police department and any permittee shall be duly informed of such revocation. The building official or his designee may reissue said permit if he believes that the provisions of this section are satisfied, but if subsequently revoked, such permit shall not be reissued.

(Ord. 81-8-878 § 4)

A. It is unlawful for any person to operate any machinery, equipment, compressor, pump, generator, fan, air conditioning apparatus, or similar mechanical device, or provide boarding or daycare to animals in an enclosed building (kennel) in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels. For the purposes of this section, "noise level" means measured sound level with the following values added as corrections for time duration and character of the noise:

1. Add one and only one of the following corrections for time duration:

a. Noise persists for more than five minutes out of any one hour 0

b. Noise persists for more than one minute but not more than five minutes out of any one hour -5

c. Noise persists for one minute or less out of any one hour -10

2. Add one and only one of the following corrections for unusual character:

a. Noise has no unusual character 0

b. Noise contains a piercing pure tone +5

c. Noise is impulsive or rattling in nature +5

d. Noise carries speech, music, or other information content +5

B. This section shall not prevent the normal operation, repair, or maintenance of household gardening equipment and hobby shop equipment or the servicing, redrilling and reworking of oil wells.

(Ord. 93-04-1153 §§ 2, 3; Ord. 81-8-878 § 6 (part); Ord. 2012-02-1444 § 2)

A. Except in case of emergency well work, well servicing reworking and truck deliveries are prohibited except Monday through Friday, inclusive, from seven a.m. to seven p.m. and except for industrial areas and drill sites as shown on the oil well servicing map on file in City Hall where work shall be permitted on Saturdays and Sundays from nine a.m. to seven p.m.

B. During redrilling activities, soundproofing shall be provided in accordance with Section 16.16.110.

C. 1. During redrilling, reworking or servicing operations the operator shall be required to respond to resident complaints about noise from such operations. If the operator has not taken action to reduce the noise from such operations to a level acceptable to the complaining resident within twenty-four hours of the making of the complaint, the city may order the operator to implement one or more of the following temporary noise mitigating measures:

a. Extension or diversion of oil service rig tailpipes away from affected dwellings;

b. Replacement of defective or worn mufflers;

c. Construction of sound barriers up to one hundred twenty square feet in dimension between any operating engine(s) and the affected dwelling, which barriers must comply with all Uniform Fire Code provisions then in effect.

2. The operator shall implement any such mitigation measures within twenty-four hours of being so ordered by the city.

(Ord. 93-04-1153 §§ 4, 5; Ord. 90-08-1074 § 2: Ord. 87-07-992 §§ 1, 2, 3; Ord. 81-8-878 § 6 (part))

In accordance with Title 25 of the California Administrative Code, all construction of habitable rooms in new hotels, motels, apartment houses, and dwellings other than detached single-family dwellings, shall provide interior community noise equivalent levels (CNEL) with windows closed attributable to exterior sources less than or equal to an annual CNEL of 45 dB.

(Ord. 81-8-878 § 6 (part))

A. For any new development which proposes to locate any portion of any dwelling within six hundred feet of an operating oil well, injection well, or any other appurtenant oil field equipment, upon submittal of an application for development approval as described in Chapter 20.52, the city shall review the oil field map and if necessary take field noise measurements to evaluate the potential for proposed residential development to be adversely impacted by oil field equipment noise. When the city determines that proposed development may be impacted by oil field equipment noise the applicant shall submit one of the following:

1. A joint oil field equipment noise mitigation plan, approved by both the applicant and the operator of the oil field equipment in question, describing in detail the measures proposed to be completed during the construction of the proposed development to mitigate the effects of any proposed dwelling from oil field equipment noise to levels provided in Section 9.16.020(B). The joint oil field equipment noise mitigation plan shall include a certification by a state licensed acoustical engineer that the mitigation measures proposed are anticipated to reduce the effect of oil field equipment noise on the affected dwellings to levels provided for in Section 9.16.020(B). The mitigation measures may include walls, enclosures, earth berms, construction features, grade changes, reconfiguration or relocation of proposed dwelling units, reduction of dwelling unit densities, or modifications, repairs, or other alterations to the oil field equipment. All mitigation measures proposed must comply with applicable requirements of the Signal Hill Municipal Code.

2. A development applicant oil field equipment noise mitigation plan, prepared by the applicant. If the applicant owns or controls the oil facility in question, he/she may not submit a development applicant oil field equipment noise mitigation plan. A development applicant oil field equipment noise mitigation plan shall include all of the following:

a. Evidence acceptable to the director of planning that the applicant contacted the operator of the oil field equipment in question, and made a good faith effort to secure the cooperation of the operator in the preparation of a joint oil field equipment noise mitigation plan, including evidence that the developer offered to pay the reasonable costs of any modifications to oil field equipment required to meet the noise levels provided in Section 9.16.020(B);

b. Description in detail of mitigation measures, other than repairs, modifications, or other alterations to the oil field equipment, proposed to be completed during the construction of the proposed development to mitigate the effects on any proposed dwelling from oil field equipment noise to levels provided in Section 9.16.020(B), or as close to such levels as best practicable technology may permit. The mitigation measures may include walls, enclosures, earth berms, construction features, grade changes, reconfiguration or relocation of proposed dwelling units, reduction of dwelling unit densities, provided that no such reduction shall be required which does not permit the development of at least one dwelling unit on each legal lot on the property. All mitigation measures proposed must comply with all applicable requirements of the Signal Hill Municipal Code;

c. One of the following:

i. Certification by a state licensed acoustical engineer that the mitigation measures proposed are properly designed to reduce the effect of oil field equipment noise on affected dwellings to levels provided for in Section 9.16.020(B); or

ii. Certification by a state licensed acoustical engineer that there are no mitigation measures permitted under the Signal Hill Municipal Code, other than repairs, modifications, or other alteration of the oil field equipment, which can be properly designed to reduce the effect of oil field equipment noise on affected dwellings to levels provided for in Section 9.16.020(B).

B. The mitigation measures proposed by any oil field equipment noise mitigation plan shall be subject to review and approval under the provisions of Chapter 20.52 as a part of the application for the project. No project subject to the provisions of this section shall be approved without the approval of an oil field equipment noise mitigation plan. No developer applicant oil field equipment noise mitigation plan shall be approved until such plan has been submitted by the director of planning to the operator of the oil field equipment in question for review and comment. The operator shall have thirty days to respond to the director of planning regarding such plan submitted by the applicant and may request a hearing before the director of planning and the applicant and shall have the right to protest such plan.

C. All mitigation measures in the approved oil field equipment noise mitigation plan must be constructed or implemented as part of the project construction. No certificate of occupancy shall be issued for any dwelling until the applicant submits noise measurements taken by a state licensed acoustical engineer, indicating compliance with the noise standards provided in Section 9.16.020(B). If such measurements do not indicate compliance, the applicant shall have ninety days to propose and install additional mitigation measures to bring the dwelling into compliance.

D. If after construction or implementation of all mitigation measures in an approved oil field equipment noise mitigation plan, and construction and implementation of additional mitigation measures under subsection C above, the city determines that the residence cannot be brought into compliance with the noise standards provided in Section 9.16.020(B), the city may issue a certificate of noncompliance for the residence. The certificate of noncompliance shall allow the issuance of a certificate of occupancy for the residence. The developer shall record the certificate of noncompliance at the office of the county recorder. After issuance of the certificate of noncompliance and certificate of occupancy, the residence may be occupied, and shall be treated as an existing residential unit and nearby oil field equipment shall be treated as existing oil field equipment for all purposes under this chapter.

(Ord. 93-04-1153 § 6)

A. For existing oil field equipment, residential owners or occupants within six hundred feet of such equipment may contact the operators to report offensive oil field equipment noise. It shall be the responsibility of the operator to respond to any such report within twenty-four hours of receiving the report. If after having contacted the operator the owner or occupant is not satisfied with the corrective measures taken by the operator, the owner or occupant may lodge a complaint with the city. Upon the receipt of such a complaint, the city shall take noise measurements, using city equipment and employees of the city trained to operate the equipment, to determine if the noise as measured from interior areas of the affected dwelling with windows open or from rear yard patio areas exceeds the noise levels permitted by Section 9.16.020(B), and if the source of the noise is oil field equipment. The owner or occupant making the complaint shall agree to entry onto the affected property by city personnel, and by any state licensed acoustical engineer retained by an operator pursuant to subsection C below, for the purposes of making the noise measurements. In the absence of such consent, the city need take no further action and the owner or occupant shall be deemed to have abandoned the noise complaint.

B. 1. Should the noise measurement indicate noise levels exceeding the noise levels set forth in Section 9.16.020(B), the city shall notify the operator. The notice shall state the time and date of the city's measurement, the noise level measured, and shall state that the operator must take corrective actions to remedy the violation. The corrective actions may include, but are not limited to, the following:

a. Repairs to the oil field equipment motor, belts, transmission, etc.;

b. Construction of an enclosure over the belt, motor, and/or pulleys of sufficient design and quality to mitigate noise to the greatest extent possible;

c. Construction of a wall between the offending oil field equipment and the dwelling of sufficient height and density to mitigate noise to the greatest extent possible;

d. Replacement or repair of old aboveground pumping units to achieve noise levels similar to comparable equipment in good working order.

2. The notice shall also provide a reasonable time, not less than ten days, but not to exceed sixty days, within which the oil field equipment must be brought into compliance.

C. Upon receipt of the notice provided for above, the oil operator may appeal the city's determination of noise level. The operator must indicate its intent to appeal the determination in writing to the city clerk within ten days of the receipt of notice. The appeal must state all grounds upon which the operator challenges the notice. If the operator appeals the determination, it shall provide to the city, within twenty days of its notice of intent to challenge the determination, measurements from a state licensed acoustical engineer, the engineer being mutually agreed upon by both the operator and the city, which shall be taken in the same manner as set out in subsection A above. The measurements shall be binding to both the operator and the city. The time periods for bringing the oil field equipment into compliance as stated in any notice issued pursuant to subsection B above shall be tolled during the appeal period.

D. It shall be the sole responsibility of the operator to mitigate oil field noise to the noise level required by Section 9.16.020(B). Failure by the operator to mitigate the oil field equipment noise to permitted levels in compliance with the notice provided in subsection B above shall be deemed a misdemeanor violation, and subject to enforcement under Chapter 1.16.

E. In the event that the operator implements all reasonably available noise mitigation measures, but the noise levels required by Section 9.16.020(B) are not achieved, the city may issue a certificate of compliance for the subject oil field equipment, describing the mitigation measures constructed and before and after noise measurements taken from the affected dwelling. The certificate of compliance shall permit the continued operation of the applicable oil field equipment only to the extent of the noise measurements taken from the affected dwelling after implementation of all mitigation measures described in the certificate. If the oil field equipment which is the subject of a certificate is later operated in a manner which exceeds the noise level identified in the certificate, the operator of such equipment shall be subject to all of the provisions of this chapter to the extent the noise level resulting from such operation exceeds the noise level identified in the certificate.

(Ord. 93-04-1153 § 7)

In accordance with Title 25 of the California Administrative Code, residential buildings to be located within an annual exterior CNEL of 60 dB adjacent to transportation routes as identified in the noise element of the general plan, shall require an acoustical analysis showing that the proposed building has been designed to limit intruding noise to an annual CNEL of 45 dB.

Evidence of compliance with this section shall be in accordance with Title 25 of the California Administrative Code.

(Ord. 81-8-878 § 6 (part))

The provisions of this chapter shall not preclude the construction, operation, maintenance, and repairs of equipment apparatus, or facilities of park and recreation departments, public work projects, or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.

(Ord. 81-8-878 § 6 (part))

The provisions of this chapter shall not prevent emergency well work at any time. Emergency well work shall mean any sudden or unforeseen situation that requires immediate action to preserve life, property or the environment and may include well blowout, loss of circulation, rig safety or other situations deemed to be an emergency by the state department of oil and gas or the city oil coordinator. In the event that any person believes an emergency exists, they may take immediate corrective action and simultaneously shall notify the city oil coordinator of such emergency and corrective action. If the city oil coordinator determines that no emergency exists or that the corrective action is inappropriate, the coordinator shall so notify the person taking action and such person shall comply with the determination and order of the coordinator.

(Ord. 87-07-992 § 4: Ord. 81-8-878 § 6 (part))

Where applicable, noise ordinance enforcement shall be governed by the noise ordinance enforcement instructions on file in the office of the community development director.

(Ord. 81-8-878 § 6 (part))

Any person who violates any provision of this chapter or the conditions of any permit authorized pursuant to this chapter, shall be guilty of an infraction as defined by the California Penal Code, punishable by a fine of not more than five hundred dollars; provided, that any person having committed three infractions within a one-year period (three hundred sixty-five consecutive days), who commits a subsequent violation of this chapter, shall be guilty of a misdemeanor, punishable as provided in this chapter. The police department shall have the power and duty to cite persons violating the provisions of this chapter or of any permit pursuant thereto and to enforce the provisions thereof.

(Ord. 81-8-878 § 6 (part))

Any person deemed guilty of a misdemeanor in accordance with Section 9.16.140, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than one hundred eighty days or both.

(Ord. 81-8-878 § 6 (part))